Objection after chief-examination given by p.o.a. holder
Law Querier
(Querist) 20 March 2018
This query is : Resolved
A petition for divorce under section 13 (1)(i a) H.M.Act, Cruelty is filed by the power of attorney holder of a petitioner wife without obtain court permission and court admitted the petition. Petitioner sife has not signed the plaint and does not given her affidavit on plaint. In mediation centre the power of attorney holder is appeared behalf of the petitioner wife. When respondent husband raise objection about this, the court has denied his objection application. Also, the chief-examination on oath (affidavit) and documentary evidences is given by power of attorney holder of the petitioner wife. The petitioner wife is never come in court during proceedings and never examines the petition on oath/affidavit. Unfortunately, the respondent could not raise his objection for exhibiting documentary evidences and chief-examination given by the power of attorney holder in court at that time, and the court has exhibited documentary evidences and chief-examination given by the power of attorney holder of the petitioner wife. Now, the respondent husband wants to object after the chief-examination and documents evidence given by the power of attorney holder of the petitioner and after exhibited those by the court. The next stage is cross-examination of the petitioner side.
1. Can respondent raise objection after chief-examination and documentary evidences given by the power of attorney holder but not by the petitioner?
2. Can respondent raise objection though the chief-examination and documentary evidences are exhibited by the court?
3. Can respondent file to an application to discard the chief-examination given by the power of attorney holder?
Vijay Raj Mahajan
(Expert) 21 March 2018
Examination in chief is always followed by the cross examination by the other side which in this case has not taken place, The POA of the wife who happens to be Petitioner and PW1 has submitted the affidavit as Examination in chief and exhibited certain documents, all objections can be raised now by the Respondent during the cross examination that will be part of the statement of PW1.
As far objection to the examination in chief of the POA who is petitioner and appeared as PW1 is concerned that objection can be raised at the argument stage if that has already been noted in the Written Statement of the Respondent, if not then amendment application u/o 6 r 17 CPC be filled by the Respondent and raise this objection in his pleadings.
Case file should mention in clear words objections of the Respondent with regard to filling of Petitioner on behalf of the wife by the POA and wife has not marked even her presence in the court even once, nor signed any affidavit in support of the divorce petition, all these will be taken in consideration both by the trial as well appellant court while deciding the objections of the Respondent.
Proper drafting of pleadings including affidavits to be used as examination in chief of the witnesses and cross-examination by expert and senior advocate is always beneficial for any court case.
P. Venu
(Expert) 21 March 2018
Facts, as stated, are confusing and confounding. Who is the petitioner? Who is the respondent?
Law Querier
(Querist) 27 March 2018
Can objection be raised by respondent in application u/o. 6 rule 7 for amendment of pleading of written statement after chief examination given by power of attorney holder of petitioner?
Vikas Hedau
(Expert) 18 June 2018
Was power of attorney exhibited during cross examination?
There are certain factual aspects which are within the personal knowledge of the appellant for which power of attorney holder can have any knowledge regarding the actual act of cruelty, etc. alleged by the wife
Power of attorney cannot give evidence on behalf of spouse in matrimonial dispute -Bombay HC
https://indiankanoon.org/doc/1759047/
Janki vasudev Bhojwani- Supreme Court
https://indiankanoon.org/doc/553344/
And if cross has been given no need to worry, Court cannot rely on that cross examination
